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Here’s The Scoop … LBTS June 8, 2010 Regular Commission Meeting … Bustin’ Out For A Town Manager ….

LET THE SEARCH BEGIN …. MANAGERS START YOUR HORSES ….

Item 14a. Town Manager Selection Process….

TOWN OF LAUDERDALE-BY-THE-SEA

TOWN COMMISSION MEETING

TUESDAY, JUNE 8, 2010
AT 7 PM IN JARVIS HALL

AGENDA BACKUP DOCUMENTS

1. CALL TO ORDER, MAYOR ROSEANN MINNET

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3. INVOCATION – Reverend George Hunsaker

4. ADDITIONS, DELETIONS, DEFERRALS OF AGENDA ITEMS

5. PRESENTATIONS

a. Presentation of a proclamation to David Crane, P.A. proclaiming June 21,
2010 through June 28, 2010 as Amateur Radio Week (Mayor Roseann Minnet)

BC- If it’s June ..it’s annual proclamation to Amateur Radio Week…

b. Presentation of proclamation regarding the apprehension of the shooting
suspect (Chief Oscar Llerena)

BC- This should be the first of many such updates from the Chief…We also hear they had a “sting” a few weeks back in Sea Ranch Center and captured a suspect doing a pickup in a major illegal pill case…an ongoing problem in South Florida and out area…

6. PUBLIC COMMENTS

7. PUBLIC SAFETY DISCUSSION

8. APPROVAL OF MINUTES

a. May 10, 2010 Workshop Minutes

BC- what a difference a change in administration and a job in jeopardy makes in getting detailed minutes…finally!…

9. CONSENT AGENDA

a. John Livengood (4 Sunset Lane) – Commission approval of extension to June
30, 2010 (Director of Development Services Jeff Bowman)

BC- Staff recommends the extension…

The prop obtained bldg. permit 11/07…18 mo. timeframe for completion 5/09…6/23/09 1st extension req. approved & granted by Comm til 9/23/09…11/10/09 2nd ext. req. approved & granted til 3/21/10…”The builder started calling for  final inspections in February 2010. However not all final inspections have been completed and master permit remains open.”

b. Bob White (Renovations of 4608 EI Mar Drive) -Commission approval of
extension to June 15, 2010 (Director of Development Services Jeff Bowman)

BC-Applicant is an FOS (Friend of Silverstone…former Comm. lived in prop. owned by applicant..but never recused himself from votes) …Staff recommends extension….

property obtained bldg. permit in May 2008…18 mo. timeframe for completion expired 11/09…10/27/09 req. approved and granted ext. to 4/30/10

c. Bougainvilla Town Homes (4432, 4434, 4436, 4428 Bougainvilla Drive) Commission approval of extension to June 30, 2010 (Director of
Development Services Jeff Bowman)

BC…Staff recommends extension…

Property obtained bldg. permit in 12/07…The 18 mo. timeframe for completion expired 6/09…6/23/09 1st ext. approved and granted by Comm. ext. til 9/23/09…10/27/09 2nd ext. approved and granted by Comm. completion date by 2/3/10…”The builder started calling for  final inspections in February 2010. However not all final inspections have been completed and master permit remains open.”

BC- What’s up with Broward County and permit/inspection delays?

d. Special Event Application for Jazz in the Square (Exhibit 1) for the period July
30, 2010 through July 29, 2011 (Interim Town Manager Bud Bentley)

BC-Jazz on the Square annual permit after “tentative approval” of returning to annual permits on May 28,2010..Application fee included of $200…Staff approves with conditions…off-duty detail deputies…timely payment for lost rev. for 11 parking meters within event site/ cert. of liability in amt. required/ revise site plan to show 2 exits from fenced area/ maintain exits adjacent to buildings at all time during event/place barrier along El Mar median to prevent people from walking into oncoming traffic/ ensure barricades do not impede egress from building/ ensure all temp. elec. installations conform to code, all applicable permits are acquired and all exposed wires covered to mitigate trip hazards/provide sufficient number of waste recepticals to handle waste and empty within event event area on reg. schedule/ revise site plan to show any tents or canopies. larger than 10×10 req. permit/provide documentation of state permit for alcohol ext. of premise permit to event site/ Town Comm. reserves the  right to withdraw permission for this event within 30 days notice….and this one…

“The Town Mgr. may suspense permission for this event or on the site Town representative may terminate an event due to application not complying with the terms and conditions of the Town’s event permit for health or safety issues, such as crowds that exceed the capacity of the event size.”

BC- not with the current “Town representation” in place (prev. posts)…Comm. should refine this one until the Code Enforcement situation is dealt with!…

The staff states fiscal impact “we receive $77 per event in-lieu of parking meter revenue…

10. ORDINANCES – PUBLIC COMMENTS

1. Ordinances 1st Reading

2. Ordinances 2nd Reading

a. Ordinance 2010-02: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE SEA, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-18, SPECIAL MEETINGS, TO REVISE THE PROCEDURES APPLICABLE TO A SPECIAL MEETING OF THE TOWN COMMISSION; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE Approved 1st reading April 27, 2010

BC- This changes the Ord. to allow equal opportunity to all members on the dais to call a special meeting (it was Mayor/ Mgr./2 Comm.)..24 hrs written notice (was 6 hrs. at odds with state statute per TAtty.)…Also shorter notice meetings may be called as any 2 Comms. deem necessary in an emergency affecting life, health, property or public peace…upon “convening such special meeting the Town Comm. shall consider any such determination 0f emergency and may continue meeting if an emergency is found to exist by at least three (3) Commissioners.Emergency meetings shall always be scheduled with as much notice as is possible under the circumstances.”

11. RESOLUTION – “Public Comments”

a. Resolution 2010:12: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, PROVIDING FOR THE APPOINTMENT OF AN AUDIT COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE

BC- Not quite spelled out on the dais last meeting…It was received by many including this writer each Comm. would appoint a person to the committee and it would end up with 3-5 people depending on the response… Then it was put on the Town website…but the word did not get out to all who were approached by Comms…Therefore some may not have turned in their forms of interest and some who have may not be on the final committee…Those with turned in forms ..

Kenneth Most -(LBTS defunct founder & Chairman Sister Cities)/Title Professor Emeritus, FIU/LL.B (London)/M.A. Accounting (Fl.)/ Ph.D Economic Theory (Fl.)/ CPA retired (Texas)/ Chartered Acct.(England & Wales)/ Author 20 textbooks and research monographs and over 200 articles in prof. journals/ Recipient of several research awards and prizes

W. Patrick Murphy- Pres. & CEO Realcom,LLC LBTS/U. of S.D. Master of Arts/Morningside College BA.

Helen Swinghammer (CIC board member-BOA member newly appointed by Comm. Vincent)..BS Accounting U of Toledo attended Heidelberg College, Management/ Cert. and Licenses CPA-Cert. Internal Auditor Crt. Fraud Examiner

BC- Ms. Swinghammer was front and center on election day in front of Town Hall falsely claiming the Mayor-Sasser and Vincent would approve a casino in the newly purchased Holiday Inn and would increase heights in town…

12. QUASI JUDICIAL PUBLIC HEARINGS

a. Ocean Terrace Condominium Association (4564 El Mar Dr.) Commission
approval of extension of a site plan for an additional six (6) months (Director
of Development Services Jeff Bowman)

BC- Staff recommends a 6 mo. extension…

Staff reviewed attached req. from proj. architect to extend site plan for additional 6 mo./Ord. 30-123(g) gives the Comm. discretion to extend for additional time period not to exceed 1 yr…..Town Comm. approved the site plan on 10/14/08 with exp. date of 18 mos. 4/14/10….

The attached letter states it is in final phase and they are awaiting final review from bldg. dept. Other Gov. reviews than the basic local DEP were required. The review process from those entities took 6 mos. Their approval was issued 7/09..thus they need the additional time…

b. 101 Ocean (101 Commercial Blvd) Commission approval of an accessory
building (Director of Development Services Jeff Bowman)

BC- Staff has reviewed the req. and decided the applicant does comply with standards outlined within the Code as depicted within the information provided. Notification has been provided per Town Ord. 30-13 (d) (2)…Staff recommends approval…

The Staff received letter from 101 treasurer/sec. asking for approval for placing a shed …after much time it was decided it requires the Commissions approval as an accessory bldg….

This came from a letter sent to the Comm. on March 22, 2010 with multiple violations stated with obvious frustration from the treasurer/Sec. including the cited violation for having chairs/tables stored behind their dumpster…they wanted to buy “an off the shelf shed” fro Home Depot… and that begat much time and energy from multiple Comms. thinking they were spearheading the issue for 101 and the Staff… Also attached was the code and …”f. Accessory buildings in commercial zoning districts may be allowed, subject to Town Commission approval. Staff shall apply the standards listed above as best as possible before Town Commission reviews accessory building in commercial zoning district.” .. The reference was to the parameters of height..size and space …

13. COMMISSIONER COMMENTS

14. OLD BUSINESS

a. Town Manager Selection Process (Public Information Officer Steve d’Oliveira)

BC- Before we get there..Today is the day for the former TM to reply to the reimbursement letter sent May 28th (prev. post) by 5 pm…Word is Ms. Colon hired an atty…So now we wait to see..who responds…Colon with a refunded check..or her counsel with a first “shot” at keeping the money!…

PIO d’Oliveira was put in charge of getting the “position profile” off the ground.. We hear he called the Comms. for what they are looking for in a new TM to be included … The profile  incorporates the description of the Town as is standard …It states “The Town is seeking a highly-professional and experienced Town Manager who holds a graduate degree with a “concentration in public administration, public affairs, public policy or public finance”..as required in the Charter…
…………….
Sec. 5.3. – Town Manager—Appointment, qualifications and compensation.

“The Town Commission shall appoint a Town Manager who shall be the administrative head of the municipal government under the direction and supervision of the Town Commission. The Town Manager shall hold office at the pleasure of the Town Commission. The Town Manager shall receive such compensation as determined by the Town Commission through the adoption of an appropriate resolution. The Town Manager shall be appointed by resolution approving an employment contract between the Town and the Town Manager. The Town Manager shall be appointed solely on the basis of education and experience in the accepted competencies and practices of local public management including, a graduate degree with a concentration in public administration, public affairs, public policy, or public finance and two (2) years’ experience as an appointed city manager or county manager, or four (4) years’ experience as an assistant or deputy city manager or assistant or deputy county manager. ”
……………..

BC- Can you guess which Commissioners put what in?….

“The Town Commission desires a Town Manager who believes in and practices government transparency. The Manager must be an excellent communicator and consensus -builder who can interact on a personable level with elected officials, staff, residents and the business community. Communications and teamwork are important (the Town has gone through a recent period of political turmoil). Town elections are held every two years. Experience managing a small Town is a plus.”

“The ideal candidate will possess old-fashioned beliefs in strong customer service, fresh ideas about how to best update our technology and the ability to analyze, develop and mentor staff as we implement more modern professional standards, a task now being undertaken by our Interim Town Manager. Florida city government experience and a thorough understanding of Florida statutes as they apply to Town government is highly-desired. It’s also important to understand our unique planning and zoning issues as a seaside community that fought to keep huge condos from overtaking its downtown beachfront.”

” A strong understanding of personnel, finance, contract negotiations and public safety issues is required. A sense of fairness in dealing with various Town stakeholders is also desired, as it the ability to assess how the Town can address its future needs and goals in today’s challenging economic environment.”

“The Town Manager’s salary will range from $1xx,xxx-$1xx,xxx. Benefits are comparable with other municipalities. If you can meet the challenges this job presents, please send your resume, cover letter, salary history and references to:

BC- Tone it down …hone it…… and lets take out the political turmoil/ the downtown height fight/sense of fairness in dealing with various Town Stakeholder (ie. factions) /benefits comparable with other municipalities)…otherwise end it with required dress: Bunker Gear!…

15. NEW BUSINESS

a. Commission approval of Special Event Permit for the Independence Day
Extravaganza (Interim Assistant Town Manager Bud Bentley)

BC- Who would have thunk it…July 4th like Easter will continue..proving again no one is irreplaceable!…

“The 4th of July 2010 special event is a cooperative effort of the Town of Lauderdale-By-The-Sea, the Lauderdale-By-The-Sea Chamber and the Lauderdale-By-The-Sea Volunteer Fire Department and the many volunteers and people that provide financial support.”….

The Committee is requesting the Town approve the use of the Pelican Hopper with a cost of $232 for an 8 hr minimum to be charged as an expense to the July 4th budget…

On pg 2 of the backup were the comparisons to prior years… (prev. posts)…

2010 -(Mayor Minnet- Chair) Town contribution $40,000 (in 2010 budget)/ Firewks. $15,000 (approved administratively under Comm. approval limit) /Firewks. location $12,000

2009-(VM McIntee/ Comm. Silverstone Co-Chairs) Total Cost  $38,998.36 /Donation $13,982.00/Town Contrib. $25,016.36/Fireworks $15,000/ Firing Location Beach ?

2008- (Comms. Dodd/Clottey Co-Chairs) Total Cost $72,724.26/ Donation $34,041.00/ Town Contrib. $38,683.26/Fireworks $26,850/ Firing Location $20,000 Pier w/ a $3000 rental fee back to the event

2007 -Total Cost $84,333.72/ Donation $34,398.00/ Town Contrib. $49,935.72/ Fireworks $34,000/ Firing Location $15,000 Pier

2006 -Total Cost $94,924.39/ Donation $30,709.00/ Town Contrib. $64,215.39/ Fireworks $30,000/ Firing Location $23,787.00 Barge

Readers will remember the last year’s pre-election kick-off for the CIC re-election of McIntee/Silverstone …or so they thought when they put the idea together months before…was “jobbed” by the numbers…they did not need to buy all the items they bought the prev. year when Dodd-Clottey were Chairs …thus skewing their #’s with donations and attendance down considerably from prior years…

Included were a list of Town expenses utilities..municipal service approx. $700 for 2 workers overtime..BSO incurs no additional expense..VFD states 100o volunteer hrs. and they contribute “about $4,800 from it’s member raised funds to the event.”…. No code officers scheduled on 4th…

Town revenues ..no parking enforced

Fireworks ..the Town put out an RFP and received 3 proposals by the deadline…the “Fireworks RFP Evaluation Committee met on 6/1/10 and recommended Pyrotechnico with a submitted proposal of $14,985…under the TM limit of $15,000 the award was done administratively…This year the Pier will have a rain date of July 5th .. Included as well was the application was the application…with parade route..to pony rides…water slide to hotdogs and hamburgers..and fireworks…

16. TOWN MANAGER REPORT

a. April Finance Report

BC- The Revenue/Expenditure Report

Gen Fund- Unemc. Bal. $2,176,136.96

b. Town Manager’s Update

BC- A work in progress …Int. TM provided copy of letter week before to Former TM for reimbursement by 5 pm June 7th/ will update at Comm. Mtg. /No response the Int. TM recommends turning over to TAtty. “to pursue collection of the monies owed the Town through legal means.”/ error was made on dates in report on Colon …4/19 &20 were correct dates does not affect calculations..

JOHN OLINZOCK PAYOUT ALERT….

Final payout to JohnO was not to happen until inquiry was complete per Comm. direction. JohnO “has been compensated for the days he actually worked but not for any accumulated leave or severance pay. He has 103.4 hours of vacation leave and 288.60 hours of sick leave accumulated. His hourly rate of pay at the time of his dismissal was $38.6351. The Town Attorney has briefed each of you on the issues regarding Mr. Olinzock’s dismissal, his appointment letter, and personnel rules. We await your direction on how to proceed with Mr. Olonzock.”

BC- There are two ways this plays out this writer surmises..either JohnO will get no more than his Employment Agreement which states he is entitled to his base salary to termination only…or if he gets more…accrued leave for vacation and sick leave time …it means there was some picking and choosing going on … Why else would he be entitled to more?… That would mean this writer was wrong on the employees being totally screwed by the previous Town Managers …Baldwin/Colon…BUT…it is still raises questions …Why in the world didn’t Colon fix the Employment Agreements and/or the Personnel manual to reflect what was due to each and every employee if my hunch is correct?… It is just another reason why anyone who believes Colon was the best TM ever…needs a colonic!….This writer’s opinion…nothing beyond the monies earned until all avenues of any prosecution (if there are grounds) are pursued…As far as any “precedence”…something Attys. love to use to make and thwart cases coming forth…(BCbythesea father was a Corporate litigator) …If the Int. TM did not pay Kathy O’Brien severance or leave hrs. when terminated last week…there is no “precedence” from this current administration/Commission…. to rely on…

Town topics is at printers (BC-now online) …and contains 4th info as well as flood preparation as required…BC- time for Topics to go online only…despite skewed Colon survey … Memorial Day Int. TM and Asst. Int. TM went downtown and beach to get first-hand look (BC-were sunglasses and floppy hats involved …undercover wear as we were told former TM Colon used to see if open container laws were being violated downtown-prev. post)…They had a post-meeting with Town Personnel and public safety contractors to evaluate and decide what they can do to improve events There are issues along El Mar needing addressing with cars remaining parked hours after event was over…..Beach Bathrooms were the impetus for field trips for sites…need extra time and want to reschedule for July 14 Round table….Public Records Requests are numerous related to terminations leaving response time lagging …pretty funny the ending…”I advise the Commission of this so that you are aware that out turn-around time on fulfilling public records requests may not be as fast as it has been in the past.”…The Int. TM obviously does not know the track record with PRR from her predecessors!…..Revised Monthly Finance Report …”The finance system does not have a report that will capture the data automatically, so we have to manually load it in and will have to do every month. It is a laborious process and, when account titles or the organization structure change between fiscal years, it will require some manipulation of the data. It would be much simpler to give you actual total revenues and expenditures for the last fiscal year, but that won’t give you the type of real time comparison you are seeking.”…Budget is on an “annual basis ,not on a monthly ,so could insert a column to reflect year to date would be to simply divide the budgeted amount for each line item by twelve months, and multiply it by the number of months that have elapsed in the current fiscal year. I don’t believe that will be avery meaningful figure for many accounts, as actual expenditures and revenues can vary quite significantly from month to monty, ot quarter to quarter, and do not neatly fall int 1/12 increments. Because of those issues, we did not include a year-to-date budget column in the report.”

BC- From TM Profile (see above)..”The ideal candidate will possess old-fashioned beliefs in strong customer service, fresh ideas about how to best update our technology and the ability to analyze, develop and mentor staff as we implement more modern professional standards, a task now being undertaken by our Interim Town Manager.”…Hmmm… Yep!…

c. Updated List of Pending Projects

BC-7 pages of Ordinances…Administrative Issues…Capital Projects…Events…Financial Matters…Other Action Items…Completed Assignments… The Comm. can ask to discuss any of these items…

17. TOWN ATTORNEY REPORT

BC- must be Bert J. Harris….(prev. post)…Count I & II Dismissed w/out prejudice on June 4, 2010….

18. ADJOURNMENT

Reminder 5 pm 1st Budget Workshop/ 6 pm Shade Session sometime per Bert J. Harris dismissal + Palm Club sewers/ 7 pm Reg.meeting….

Link to full backup…Town website… http://www.lauderdalebythesea-fl.gov/town/backup2009.htm

Meeting on Comcast Ch. 78/ Town Website ….  http://lbts.granicus.com/ViewPublisher.php?view_id=2 …..

more to come….

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